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(영문) 인천지방법원 2019.05.30 2018노3412

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to two years, and the community service order of up to 160 hours) that the court below sentenced against the defendant is too unreasonable.

2. The conclusion that the amount obtained by the accused is approximately KRW 45 million is disadvantageous.

However, considering the fact that the ratio of the amount acquired by the defendant is not higher than the total amount of business, there is no record of punishment for the same kind of criminal record, the whole amount obtained by deceit in the original judgment is deposited, and the circumstances of the crime of this case, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions on the arguments until the criminal trial is held, such as the circumstances after the crime, it is recognized that the sentence imposed by the court below is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are the same as the stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 3

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The sentence shall be determined as per the Disposition, taking into account the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act;